On April 28, 2015, the Supreme Court will hear oral arguments on the constitutionality of state-level bans on gay marriage. There is no handy case caption for this day - no "Roe v. Wade" or "Brown v. Board of Education" - because back in January, the Court agreed to hear four separate cases, but only by consolidating them. The Court also limited their consideration to two questions:
- Does the Constitution require the states to let gay couples get married? (That's known as "the marriage question.")
- If
a gay couple was legally wed in one state, does the Constitution
require other states to recognize that marriage? (That's known as "the
recognition question.")
To make things extra interesting, not all of the states want to be heard on both questions. As Lyle Denniston says on the
SCOTUSblog, "Kentucky is defending [i.e. seeking to uphold] both a ban on same-sex marriages and a separate
ban on the official recognition of existing same-sex marriages.
Michigan is defending only a marriage ban, and Ohio and Tennessee are
supporting only recognition bans."
Got all that?
For reporters and court watchers, there is a metric ton of potential reading material related to this four-for-one, including not only the briefs from the petitioners and the defending states, but also the amicus briefs, which are filed by people or entities who are not parties to the suits but who feel they have information to share with the Court. The Columbia Law School Sexuality and Gender Law Clinic filed such a brief, for example, as did the President of the House of Deputies of the Episcopal Church. PFLAG filed a brief, and so did 226 mayors from across the country. Whole entire states have weighed in, from Virginia to Hawaii. None of these briefs, however, has generated the press coverage received by Gene Schaerr, who made the claim in his amicus brief that forcing states to permit same-sex marriages would lead to 900,000 abortions. Yes, he counted.
On the surface, this claim seemed so wildly bizarre that I could easily dismiss the brief without reading it, but in a weird way, the bizarreness of it is exactly what made me need to read the brief in full. And what I found there so interested me that I wanted to share it with you.
First, for all the liberal scoffers who laugh at the idea that a same-sex marriage can hurt an opposite-sex marriage, Schaerr wants you to know you're not getting it:
Any ruling compelling states to
redefine marriage in genderless terms will adversely alter the whole
institution of marriage. That is not
because same-sex marriages will directly “harm” existing man-woman marriages.
It is because the forced redefinition will undermine important social norms — like
the value of biological connections between parents and children — that
arise from the man-woman understanding. (6)
Okay, so norms. Schaerr really likes norms. He lists six that are valuable to society - and only applicable to heterosexual couples, obviously. He makes a point of that.
- The "biological bonding norm" (kids have the right to be raised by their biological moms and dads, and for that matter, to be financed by them, which is the "maintenance norm" subset of the biological bonding norm)
- The "gender-diversity norm" (kids have the right to be raised by A mom and a dad, even if not their own mom and dad)
- The "postponement norm" (people should wait to make babies until they're in meaningful, committed relationships)
- The "procreation norm" (having and raising kids is socially valuable)
- The "exclusivity norm" (people should make babies with one partner only)
- The "child-centricity norm" (children first, you heathens - and that's the grandaddy norm)
All of these norms make society strong. Damage these norms, and you damage society.
Now, you might be thinking "Wait, I'm adopted. Are you saying I hurt society?" Or "Wait, I'm a single mom! Are you saying I hurt society?" Or "Wait, I'm married with no interest in having children! Are you saying I hurt society?" All of you can file into that line over there and wait for Schaerr to get to you. I hope you brought a tasty snack, though. And the Lord of the Rings trilogy. He might not get to you for awhile.
What he'll definitely get to is the same line we've been hearing for years now about children who are not raised by both of their biological parents. To quote the CDC:
Adverse
outcomes accrue to children of divorce and children raised in single-parent families.
Although not all single-parent families are the result of divorce and not all divorced
mothers remain single, virtually all children of divorce spend some time in a single-parent
household until the mother remarries. Even
when the mother does remarry, studies suggest that children in stepfamilies have
similar risks of adverse outcomes as children in single-parent families: both groups
of children do worse than children living with two biological parents in terms of
academic achievement, depression, and behavior problems such as drug and alcohol
abuse, premarital sexual intercourse, and being arrested.
I can't argue with the CDC. Study after study (after study, plus more studies) find a risk of "adverse outcomes" awaiting the children of single mothers. That said, did you miss the part where two gay parents equal one not-gay parent? I did, too. Even if we accept the "child-centricity norm," we can't say that the children of two heterosexual people who got divorced are the best point of comparison for the children of two gay people who got married, can we? Because if we can, I'm not sure where to go from here.
We can't even safely or confidently say that heterosexual couples who stay married will uphold the norms that Schaerr identifies. As he writes, "opposite-sex parents
who embrace the norms of child-centricity and maintenance are also less likely to engage in behaviors - such as physical or sexual child abuse, neglect, or divorce - that not only harm their children, but typically require state assistance or intervention" (emphasis mine). Sure. And accountants who brush and floss are less likely to lose their teeth. Does that mean accountants have exceptional dental hygiene?
Schearr doesn't have time for accountants and toothbrushes. A heterosexual marriage is a righteous marriage, and since that's so, he has this bit of logic to unfurl. Changing the law to prohibit states from banning same-sex marriage would:
undermine those norms among heterosexual men, who generally need more encouragement to marry than women. Such changes convey that society no longer needs men to bond to women to form well-functioning families or to raise happy, well-adjusted children.
Exactly! Well said!
Wait, what was that again?
If gay people can marry, then . . . heterosexual men . . . will . . . think no one needs them? And therefore . . . refuse to get married? While sulking? In a corner? Sensitive group, those heterosexual men.
If you think that's absurd, by the way, Schaerr has FACTS and CHARTS to persuade you. Just look at the marriage and divorce rates in states where gay marriage is legal! (This is his table.)
Are you shocked and horrified by the way that gay marriage has driven down the marriage rates in those states? I'm pretty shocked myself, except for the part where marriage rates fell for years without anyone blaming gay marriage. Data from the CDC says the national rate in the year 2000 was 8.2. In 2005, it was 7.6. In 2010, 6.8. Those were some busy stealth-gays.
Of course, the marriage rate has been holding at 6.8 for a few years now, so maybe I'm wrong. Maybe other things used to cause it, but now gay marriage causes it. Or maybe it's accountants who don't floss.
Because see, the problem with holding two things up next to each other is that you can't make them have a causal relationship. Gay marriage didn't
cause marriage rates to decline any more than single mothers have
caused their children's grades to drop (or be at risk for dropping).
Oh, and to circle back to that abortion issue, after the gays make the heterosexual men sulk in the corner refusing to get married because of norm damage, well, abortions. How?
The logic is simple and intuitive:
Fewer opposite-sex marriages means more unmarried women, which in turn means fewer
children born, more children born to unmarried mothers, and more children
aborted.
There are charts for this, too, and emphatic discussion of how Vermont, Iowa, Connecticut, and Massachusetts have some of the highest abortion rates in the country, caused, no doubt, by gay marriage. Again.
If you're thinking by this point that you can write the Yale-educated Schaerr off as a crank or a lone gunman, I'll leave you with this. These are the people who signed the brief along with him.
Aguirre, Dr. Maria S., Professor of
Economics,
The Catholic University of America
Allen, Dr. Douglas W., Professor of
Economics,
Simon Fraser University
Alvare, Helen M., Professor of Law,
George Mason University
Araujo, Dr. Robert John, University
Professor Emeritus,
Loyola University Chicago
Baptist, Dr. Errol C., Clinical
Professor of Pediatrics,
University of Illinois
Bateman, Dr. Michael, Assistant
Professor of Pediatrics,
University of Minnesota
Bauman, Dr. Michael E., Professor of
Theology and Culture,
Hillsdale College
Benton, Dr. Thomas B.B., Adjunct
Faculty in Pediatrics,
University of Florida College of
Medicine
Bleich, Dr. J. David, Professor of
Jewish Law and Ethics,
Cardozo Law School, Yeshiva University
Boone, Dr. Mark J., Assistant
Professor of Philosophy,
Forman Christian College
Bouvier, Dr. Joseph, Clinical
Assistant Professor of
Child Health (Pediatrics) and
Emergency Medicine,
University of Arizona College of
Medicine
Bradford, Dr. Kay, Associate
Professor of Family, Consumer & Human Development,
Utah State University
Bradford, Dr. Nathan F., Associate
Professor of Family
Medicine, AnMed Health Oglesby
Center
Brakman, Dr. Sarah-Vaughan,
Associate Professor of Philsophy,
Villanova University
Busby, Dr. Dean, Professor of Family
Life,
Brigham Young University
Carlson, Jr., Dr. Alfred J.,
Associate Faculty in Pediatrics,
University of Pennsylvania Medical School
Cavadini, Dr. John, Professor of
Theology,
University of Notre Dame
Christensen, Dr. Bryce, Associate
Professor of English,
Southern Utah University
Colosi, Dr. Peter J., Associate
Professor of Moral Theology,
Charles Borromeo Seminary
Corral, Dr. Hernan, Professor of
Private Law,
University of the Andes (Santiago,
Chile)
Crosby, Dr. John F., Professor of
Philosophy,
Franciscan University of
Steubenville
De Jesus, Ligia M., Associate
Professor of Law,
Ave Maria School of Law
Deneen, Dr. Patrick J., Associate
Professor of Political Science,
University of Notre Dame
Dennis, Dr. Steven A., Professor of
Human Development,
Brigham Young University-Idaho
DeWolf, David K., Professor of Law,
Gonzaga University
Duncan, Dwight, Professor of Law,
University of Massachusetts
Esolen, Dr. Anthony M., Professor of
English,
Providence College
Farnsworth, Dr. Richard Y., Adjunct
Associate Professor of Pediatrics,
University of Utah School of
Medicine
Field, Dr. Scott, Adjunct Faculty in
Pediatrics,
University of Alabama-Huntsville
Fields, Dr. Stephen M., Associate
Professor of Theology,
Georgetown University
Fitzgibbons, Dr. Richard, Director,
Institute for Marital Healing
Foley, Dr. Michael P., Associate
Professor of Patristics,
Baylor University
Gombosi, Dr. Russell, Adjunct
Professor of Pediatrics,
Commonwealth Medical University
(Scranton, PA)
Grabowski, Dr. John, Associate
Professor of Moral Theology & Ethics,
The Catholic University of America
Hafen, Bruce C., Emeritus Dean and
Professor of Law,
Brigham Young University
Hancock, Dr. Ralph, Professor of
Political Science,
Brigham Young University
Hartle, Dr. Ann, Professor of
Philosophy,
Emory University
Hawkins, Dr. Alan J., Professor of
Family Life,
Brigham Young University
Healy, Dr. Nicholas J., Assistant
Professor of Philosophy,
Pontifical John Paul II Institute on
Marriage and Family
at The Catholic University of America
Hendershott, Dr. Anne, Professor of
Psychology, Sociology & Social Work,
Franciscan University of Steubenville
Henry, Dr. Douglas, Associate
Professor of Philosophy,
Baylor University
Hill, Dr. E. Jeffrey, Professor of
Family Life, Brigham Young University
Hoffman, Dr. Robert P., Professor of
Pediatrics,
The Ohio State University
Holland, Dr. Matthew S., University
President and Professor of Political Science,
Utah Valley University
Jacob, Bradley P., Associate
Professor of Law,
Regent University
Jacobs, Dr. Nathan A., Visiting
Lecturer in Philosophy,
University of Kentucky
James, Dr. Spencer, Assistant
Professor of Family Life,
Brigham Young University
Jeynes, Dr. William, Professor of
Education,
California State University at Long
Beach
Johnson, Dr. Byron R., Distinguished
Professor of the Social Sciences,
Baylor University
Jones, Dr. Woodson S., Adjunct
Professor of Pediatrics,
University of Texas Health Science
Center
Kaleida, Dr. Phillips H., Formerly
Professor of Pediatrics (Retired 2014),
University of Pittsburgh
Kampowski, Dr. Stephan, Professor of
Philosophical Anthropology,
Pontifical John Paul II Institute on
Marriage and Family at The
Catholic University of America
Keen, Dr. Mary, Clinical Associate
Professor,
Loyola University Medical School
Keys, Dr. Mary M., Associate
Professor of Political Science,
University of Notre Dame
Knapp, Dr. Stan J., Associate
Professor of Sociology,
Brigham Young University
Koterski, Dr. Joseph W., Associate
Professor of Philosophy,
Fordham University
Krason, Dr. Stephen, Professor of
Political Science and Legal Studies,
Franciscan University of Steubenville
Kries, Dr. Douglas, Professor of
Philosophy,
Gonzaga University
Lacy, Dr. Mark D., Associate
Professor of Medicine,
Texas Tech University
Lafferriere, Dr. Jorge Nicolas,
Professor of Civil Law,
Pontificia Universidad Catolica
Argentina
Laughlin, Gregory K., Associate
Professor of Law, Cumberland School of Law,
Samford University
Lindevaldsen, Rena M., Professor of
Family Law,
Liberty University School of Law
Lim, Dr. Paul, Adjunct Professor of
Surgery,
University of Minnesota Medical
School (Duluth)
Liu, Dr. Paul, Clinical Assistant
Professor of Pediatrrics,
University of Arizona
Mansfield, Dr. Richard, Clinical
Associate Professor of Pediatrics,
Georgia Health Science University;
Assistant Professor of Pediatrics,
Virginia College of Osteopathic Medicine
Marcin, Raymond B., Emeritus
Professor of Law,
The Catholic University of America
Martins, Joseph J., Assistant
Professor of Law,
Liberty University School of Law
Matthews, Dr. Randolph, Clinical
Assistant Professor of Pediatrics,
Wake Forest School of Medicine
McCarthy, Dr. Margaret, Assistant
Professor of Theological Anthropology,
Pontifical John Paul II Institute at
The Catholic University of America
McGehee, Dr. Frank T., Clinical
Instructor in Pediatrics, University of Texas-Arlington
Mikochik, Stephen, Visiting
Professor, Ave Maria School of Law; Professor Emeritus,
Temple University School of Law
Miller, Dr. Jerry A., Clinical
Professor of Pediatrics, Medical College of Georgia
Morton, Dr. Charles, Clinical
Professor of Pediatrics,
University of Illinois College of Medicine
at Urbana-Champaign
Nathanson, Dr. Paul, Religious
Studies Faculty (retired),
McGill University
Nowicki, Dr. Michael J., Professor
of Pediatrics,
University of Mississippi School of
Medicine
Olson, Dr. Ross, Assistant Professor
of Pediatrics (retired),
University of Minnesota
Pearson, Dr. James M., Assistant
Clinical Professor,
East Tennessee State University
College of Medicine
Pearson, Dr. Lewis, Assistant
Professor of Philosophy,
University of St. Francis
Pecknold, Dr. C. C., Associate
Professor of Theology,
The Catholic University of America
Peterson, Dr. James C., Professor of
Ethics,
Roanoke College
Prudlo, Dr. Donald S., Associate
Professor of Ancient & Medieval History,
Jacksonville State University
Pruss, Dr. Alexander, Professor of
Philosophy,
Baylor University
Rane, Dr. Tom, Professor of Child
Development,
Brigham Young University-Idaho
Schlueter, Dr. Nathan, Associate
Professor of Philosophy,
Hillsdale College
Schramm, Dr. David, Associate
Professor of Human Development & Family Studies,
University of Missouri
Shaw, Dr. Bill, Assistant Professor
of Pediatrics,
Virginia Commonwealth University
Shelton, Dr. Jean, Associate Professor
of Pediatrics,
East Virginia Medical School
Sherlock, Dr. Richard, Professor of
Philosophy,
Utah State University
Silliman, Dr. Ben, Professor of
Youth Development,
North Carolina State University
Smith, Dr. Christine Z., Assistant
Professor of Pediatrics,
Texas Tech Paul Foster School of Medicine
Smolin, David M., Professor of Law,
Cumberland Law School,
Samford University
Sodergren, Dr. Andrew, Adjunct
Assistant Professor of Psychology,
Pontifical John Paul II Institute at The Catholic University of America
Somerville, Dr. Margaret, Professor
of Law, Professor Faculty of Medicine,
McGill University
Storm, Dr. Joanna, Professor of
Psychology,
Franciscan University of
Steubenville
Tollefsen, Dr. Christopher,
Professor of Philosophy,
University of South Carolina
Vitz, Dr. Paul C., Senior Scholar
and Professor of Psychology,
The Institute for Psychological
Sciences; formerly Professor of
Psychology,
New York University
Vizcarrondo, Dr. Felipe E.,
Associate Professor,
University of Miami Miller School of
Medicine
Walls, Dr. Jerry, Professor of
Philosophy,
Houston Baptist University
Wheless, Dr. James W., Professor and
Chief of Pediatric Neurology,
University of Tennessee
Williams, Dr. Richard N., Professor
of Psychology,
Brigham Young University
Wilson, Jr., Dr. Robert, Clerkship
Co-Director of Pediatrics,
Florida State University College of Medicine
Yates, Dr. Ferdinand D., Professor
of Clinical Pediatrics,
State University of New York at
Buffalo
Yenor, Dr. Scott, Professor of
Political Science,
Boise State University
Young, Dr. Katherine K., Professor
Emeritus of Religious Studies,
McGill University
Zanga, Dr. Joseph, Professor of
Pediatrics,
Mercer University School of
Medicine;
Clinical Professor of Pediatrics,
Medical College of Georgia &
Philadelphia College of Osteopathic
Medicine
Zaso, Dr. John, Clinical Assistant
Professor of Pediatrics,
Hofstra NS-LIJ School of Medicine
